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Fidelis Munyoro-Chief Court Reporter

The High Court has made a significant decision regarding Zimbabwe’s accession to international conventions, ruling that there is no law compelling President Mnangagwa to accede to these conventions.

Recently, lawyer and activist Obey Shava sought to compel President Mnangagwa to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adopted by the UN General Assembly in 1984, which came into operation in June 1987.

However, Justice Gladys Mhuri dismissed the application, citing that while the law grants the President discretion over conventions, it does not obligate the President to sign or accede to one.

In a judgment delivered last week, Justice Mhuri noted that CAT can only be part of the laws of Zimbabwe after it had been executed by the President or under his authority.

“It does not impose a mandate on President Mnangagwa to sign or accede to a convention,” ruled Justice Mhuri, adding that the court cannot compel the President to do what he is not compelled by law to do.

“Consequently, I cannot grant the mandamus order sought by applicant (Shava).”

Shava’s application sought to compel the President to take two key actions regarding the CAT.

Firstly, Shava wanted the President to accede to the CAT and deposit the necessary instruments with the United Nations.

Secondly, he sought an order for the President to table the CAT for ratification before Parliament within one year of the court’s ruling.

He based his argument on the grounds that President Mnangagwa’s failure to accede to the CAT breached Zimbabwe’s Constitution.

Specifically, he cited Section 56, which guarantees equal protection under the law, and Section 47, which upholds constitutionalism and the rule of law.

President Mnangagwa, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, Parliament and Zimbabwe Human Rights Commission (ZHRC) were cited as respondents and opposed the application.

In their counter arguments, they denied Shava’s claims of widespread torture and violence in Zimbabwe, arguing that adequate legal remedies exist for infringements under section 53 of the Constitution.

The section stipulates that “No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

They also argued that sovereign states cannot be compelled to accede to conventions and that the lawyer’s show of interest in acceding to CAT does not create a legal obligation.

Zimbabwe has taken steps to consider the accession and ratification of CAT and that in its universal periodic review report this issue is considered.

Minister Ziyambi and Attorney-General Virginia Mabiza will this month lead a delegation to the universal periodic review meeting of the United Nations Human Rights Council where countries in the UN periodically review each other on actions they have taken to improve human rights.